Grievance results in pressing necessity leave awarded and banked time/overtime/vacation restored to members

When a severe winter storm prevented a number of GSU Local 1 members from attending work for all or part of their shifts on Nov. 9, 2020, they were required by their employer to use banked overtime or vacation to cover the missed hours of work. The members in question raised the issue with GSU and grievance action seeking pressing necessity leave was commenced.

“I’m happy to report that Viterra and GSU were able to resolve the grievance on a without prejudice basis and 12 affected employees will be granted pressing necessity leave as well as having their banked overtime or vacation time restored,” said GSU general secretary Hugh Wagner. “By settling the matter without prejudice, neither side is giving up their position on the subject, but have agreed to resolve the matter in this instance without creating a precedent for future situations.”

If Local 1 members want a permanent solution for this kind of situation, grievance action will have to be pursued if it happens again or the issue can be addressed at the bargaining table at the next round of agreement renewal collective bargaining in 2022.
No problem is too small! Sometimes a brief comment, email, or meeting is all that’s needed to address a situation. Call us when you think there is a problem to be fixed. Our services are provided to you as part of your union dues and there is never an additional charge for assisting you.

The newly-signed Local 15 (Nutrien) collective agreement booklets are being distributed to members

If you are a Local 15 (Nutrien) member you can expect to receive a copy of your newly-signed collective agreement booklet soon.

GSU staff reps are working through their spring visitation schedule and they are distributing agreements as they go. If a staff rep has already been through your area, we will be sending agreements your way by mail.

If you don’t receive a copy of your agreement in June, get in touch with us and we’ll get one in the mail to you. In the meantime, you can always view or print your agreement online on GSU’s web page at gsu.ca.

It’s our anniversary! Or is it our birthday? Either way, GSU is 85 years old

According to GSU general secretary Hugh Wagner, June 6 marked the 85th anniversary of GSU.

 “The union was founded by country elevator and Regina head office employees of Saskatchewan Wheat Pool in 1936 at the height of the Great Depression,” said Wagner. “Two of the early rallying points for union members were a pension plan and the eight-hour day.”

 A central current of the unionizing effort was the common desire for dignity and respect in the workplace. Many of the same themes prevail today, even though the working world and how it is organized have undergone dramatic changes in other respects.

 “I often think of the courage and solidarity of the early union pioneers as they undertook a noble cause under less than ideal circumstances,” Wagner said. “We could all use a booster shot of their spirit.”

ANOTHER PROBLEM SOLVED: GSU member to be paid for notice period

Recently a GSU member gave a month’s notice that he was resigning his employment and would be taking a job with a competitor, albeit in another community. The local management’s response was to inform the employee that he was done immediately and his period of notice would be covered by banked time and/or unused vacation.
 
A call to GSU resulted in quick results for the member. His former employer will pay for all of the period of notice. In addition, the union member will be paid out his banked time and unused vacation.
 
“The overtime an employee has in the bank along with their accumulated vacation is their time and can’t be unilaterally assigned to cover an employer’s obligations,” said GSU general secretary Hugh Wagner. “I’ve said it before and I’ll keep on saying that it pays to contact GSU to check out your rights.”

No problem is too small! Sometimes a brief comment, email, or meeting is all that’s needed to address a situation. Call us when you think there is a problem to be fixed. Our services are provided to you as part of your union dues and there is never an additional charge for assisting you.

GSU staff rep Steve Torgerson assumes responsibility for GSU members employed by Co-ops

June 4 is GSU staff rep Dale Markling’s last day in the office before he retires, and GSU members working for Lake Country Co-op, Discovery Co-op, and Lloydminster Co-op are now being assisted by GSU staff rep Steve Torgerson. GSU members at Prairie Co-op are already working with Torgerson, and that will remain unchanged.

The impending retirement of Saskatoon-based GSU staff rep Dale Markling has lead to new staff assignments for GSU staff on a temporary basis, and we have been working closely with Dale to ensure a seamless transition.

If you have questions about which GSU staff member is assigned to assist members at your workplace, contact us in Regina toll-free at 1.866.522.6686.

Discovery brings sadness

“The discovery of the remains of 215 children at the former Kamloops Indian Residential School struck me with a profound sense of shock, sadness and shame,” said GSU general secretary Hugh Wagner. “This is a horrific reminder of the genocide against First Nations and Indigenous peoples led and coordinated by the Canadian state.”

“Canada has so much to answer for and the calls to action by First Nations leaders must be heeded,” Wagner said.

GSU staff rep Donna Driediger assumes responsibility for Local 5 (Western Producer) and Local 6 (Wild West Steelhead)

Effective immediately, GSU members working for The Western Producer or Wild West Steelhead can contact staff rep Donna Driediger at GSU’s Regina office if they require assistance.

Driediger is meeting with GSU staff rep Dale Markling this week to review Local 5 and 6 files in preparation for Markling’s June 4 departure. She is also arranging for distribution of the new collective agreement booklets to members in these two locals.

“I’ve been familiarizing myself with the Local 5 and 6 collective agreements, and I’m looking forward to my new responsibilities and meeting the members,” Driediger said. “I know I have some big shoes to fill and I’ll do my best to ensure GSU members receive the same focus and representation they received from Dale.”

The impending retirement of Saskatoon-based GSU staff rep Dale Markling has lead to new staff assignments for GSU staff on a temporary basis. We are working closely with Dale to ensure a seamless transition.

Further announcements will follow.

GSU to submit brief on supervisory employees

GSU general secretary Hugh Wagner is preparing a written brief to Saskatchewan’s Minister of Labour Relations and Workplace Safety regarding the status of supervisory employees under the Saskatchewan Employment Act (SEA).

“Following a two-year period of grace, on April 29, 2016 the SEA was amended to prohibit supervisory employees from being in the same bargaining unit as those employees they supervise. Thus ended 70 years of a sound feature of labour relations legislation in the province,” said Wagner. “This amendment was acted on by the Government of the day despite almost no one having asked for it, at least not on the record.”  

“Beginning with Saskatchewan’s first Trade Union Act in 1944 the Saskatchewan Labour Relations Board (SLRB) had the ability to inquire into each application for union certification brought before it and determine whether supervisory employees should or shouldn’t be included in the same collective bargaining unit as the employees they were supervising. The SLRB had the ability and expertise to make a determination on the basis of the facts and dynamics of a particular situation,” Wagner said.

“Between 1944 and 2014 the SLRB included supervisory employees in “all employee bargaining units” in the vast number of cases and stable labour relations prevailed. However, on April 29, 2014 the Government of Saskatchewan made it mandatory that supervisory employees cannot be included in the same barging unit as those they supervise. Interestingly, the construction industry and registered nurses were exempted from this amendment to the Saskatchewan Employment Act,” said Wagner.

A measure of stability on the subject of supervisory employees was returned to the equation in January of 2017 when the SLRB ruled that the automatic exclusion of supervisory employees from the same bargaining unit as those they supervised did not apply to existing certified bargain units and would only apply to new certification applications. This decision, known as “Saskatoon Public Library” stood until reconsidered and reversed by the SLRB in February 2021 in a case involving the University of Saskatchewan and the Administrative and Supervisory Employees Association. As matters now stand the situation is not clear and judicial review is being pursued by a number of unions who argue, amongst other things, that the mandatory exclusion of supervisory employees under the SEA is a violation of the right to freedom of association protected under Canada’s Charter of Rights and Freedoms.

Amidst the litigation on this subject, in mid-April the Minister of Labour Relations and Workplace Safety asked for submissions. GSU will be tendering a brief urging that the SEA be amended to return matters to the pre-2014 status quo.

“While there is much to criticize and improve on in the Saskatchewan Employment Act the carte blanche exclusion of supervisory employees stands as a particularly egregious feature of the legislation and it should be eliminated,” Wagner said. “GSU’s brief will propose that things be returned to normal.”

Advocating for labour legislation favourable to working people and their unions is part of GSU’s mission and mandate.

GSU staff responsibilities reassigned as Dale Markling’s retirement draws closer

You will soon hear the voice of a different staff representative when you call GSU’s Saskatoon office for assistance. On June 7 our Saskatoon office and toll-free numbers will be rerouted to Regina where you can speak to staff representatives Donna Driediger, Steve Torgerson, or general secretary Hugh Wagner for assistance.

The impending retirement of Saskatoon-based GSU staff rep Dale Markling has also led to new staff assignments for GSU staff on a temporary basis, and we are working closely with Dale to ensure a seamless transition.

Further announcements will follow.

 

ANOTHER PROBLEM SOLVED: We have a temporary resolution to the grievance over denial of sick leave benefits to members age 65 and older

In March GSU filed an executive grievance with Richardson Pioneer over the denial of sick leave benefits to employees age 65 or older.

“The grievance has been making its way through the process and seemed to be headed for arbitration after a meeting with Company management earlier this month,” said GSU general secretary Hugh Wagner. “A last minute discussion with management resulted in a temporary and without prejudice resolution where union members aged 65 or older who require sick leave will be able to draw on the sick leave they had in the bank when they turned age 65.”

“The temporary resolution is intended to give both sides an opportunity to discuss and attempt to bargain a more permanent understanding when we head to the agreement renewal bargaining table in summer or early autumn,” Wagner said. “Without prejudice means that neither side is giving up their argument or weakening their legal position in the event the matter can’t be resolved and is sent to an arbitrator for determination.”

“The temporary resolution to this issue lasts until GSU and Richardson reach an agreement on the subject or December 31, 2021,” said Wagner. “Hopefully this helps affected members out of a bind. If they continue to experience problems I urge them to contact GSU.”

Further reports will be made when the parties begin agreement renewal bargaining later this year.

Are you being pressured to take time off?

Recently a number of members have contacted GSU to inquire about their rights with respect to banked overtime. Apparently, the individuals were being pressured by local management to take time off instead of being paid out or waiting for a time more to the member’s liking.

It is important for members to remember that using banked overtime as time off work with pay is subject to mutual agreement. In other words, the employer can’t force an employee to take banked time. Furthermore, ahead of all else it is the employee’s right to insist that they be paid for baked overtime.

“Some employers have urged employees to take banked overtime to cover all or part of a layoff due to shut down,” said GSU staff representative Steve Torgerson. “Before accepting this approach employees should check into their eligibility for supplemental employment benefits under their GSU agreement since by taking banked time to delay the impact of the layoff they might actually be subsidizing the employer’s costs.”

If a member happens to be laid off they can also request a payout of banked overtime without affecting their EI claim.

Need clarification? Contact your GSU staff rep

We’re here to answer your questions, and no question is too small. Our services are provided to you as part of your union dues. There is no additional charge for assisting you.

GSU has a layoff organizer brochure available in hard copy or by email. Contact Steve Torgerson for your copy.

GSU Defense Fund Directors meet, review first quarter report

A conference call meeting of the board of directors of the GSU Defense Fund was held on Wednesday, April 28.

The directors received and reviewed RBC’s first quarter report for 2021 which indicates a modest improvement of .39 percent in the portfolio’s market value. The combined market value of the Fund’s cash deposits at Affinity Credit Union plus its investments with RBC is $5.3 million.

The directors will examine whether there is merit in shifting the Fund’s investment strategy to mirror the S&P 500 index when they next meet with representatives from RBC.

Wilfred Harris (Local 1 (Viterra) – Carnduff), Darryl Knelsen (Local 1 (Viterra) – Fairlight), Sheldon Reiss (Local 1 (Viterra) – Regina), Barb Healey (Local 14 (Richardson) – Edenwold) and Doug Kampman (Local 8 (Advance) – Regina) were elected directors by delegates to GSU’s 2021 policy convention.

Hugh Wagner provides administrative advice and expertise to the directors. GSU finance representative Debbie Head provides financial accounting and reporting services to the board.

GSU Executive Committee meets, agree to recommend filling upcoming staff representative vacancy

GSU’s executive committee held a conference call meeting on April 29 to follow up on the union’s March 2021 policy convention. The meeting was attended by president Jim Brown, vice-president Michelle Houlden, newly elected vice-president Curtis Cousins, and general secretary Hugh Wagner.

The meeting received a report from Wagner on the costs of repairs and renovations to GSU’s Regina office building which will total approximately $70,000 to cover stuccoing, new window inserts, and a new furnace.

Also discussed were GSU attendees at the CLC/SFL Spring School. To date one member from Local 8 (Advance) is registered and another from Local 1 (Viterra) had expressed interest.

Wagner also reported that the CLC’s virtual convention will be held from June 16 to 18. Curtis Cousins volunteered to be the Executive Committee’s monitor and Wagner committed to arrange for someone from GSU staff to do likewise.

The meeting’s main item of business was discussion of the union staff rep vacancy which will be created by Dale Markling’s retirement . The executive committee will be recommending filling the position and a recruitment process to GSU’s Joint Executive Council.

Subject to Council approval, an advertisement of the vacancy will be issued in mid-August with an early September closing date. More details will follow.

Long-term GSU supporter, officer, and friend Brett North is retiring April 30

On April 30, 2021 GSU will be saying farewell to Brett North who is retiring as an Assistant Manager at Viterra’s Moose Jaw terminal after 29 years’ service.

Brett recently stepped down as a GSU vice president after five years’ service. He previously served GSU members as president of the Local at the Moose Jaw terminal, a representative on the union’s Joint Executive Council, a member of the Local 1 board of delegates as well as a member of many bargaining committees.

“Brett is a loyal trade unionist who also represented GSU on the executive council of the Saskatchewan Federation of Labour,” said GSU general secretary Hugh Wagner. “His counsel and commitment to union principles will be missed.”

“Retirement is claiming another strong voice for GSU and working people generally,” said GSU president Jim Brown. “I have never doubted Brett’s commitment to the betterment of the welfare of GSU members and of working people. Even though GSU is losing Brett’s strong voice in the workplace, it is heartening to see union members retire and carry on enjoying life. On behalf of the members, officers and staff of GSU, we wish Brett a long, healthy and happy retirement.”

The Covid pandemic is preventing us from holding a farewell gathering at the moment, but we will organize a proper send-off for Brett as soon as we are able.

GSU staff rep Dale Markling set to retire this summer

On July 31 GSU will be saying farewell to Dale Markling who is retiring after nearly 30 years of service as a GSU staff representative.

Before he joined the GSU staff in June 1992, Dale was a member of GSU, a union delegate, and a union organizer.
 
“Dale’s service to GSU is marked by his dedication to serving union members, his hard work and loyalty to the cause,“ said GSU general secretary Hugh Wagner.
 
“Dale accepted all of his assignments willingly with good grace. His work ethic is unsurpassed and his generosity is unmatched,” Wagner said. “He has always been able to approach his work with a positive outlook and a keen sense of humour – both of which have been assets in this line of work.”
 
“On behalf of the members, elected officers and staff of GSU, I wish Dale the very best for a healthy, long, and happy retirement. Dale is more than a colleague. He is also a great friend to many and he will be missed,” Wagner said.
 
COVID pandemic restrictions currently prevent us from holding an appropriate send-off for Dale, but GSU will host a retirement gathering down the road when conditions allow.
 
While GSU reviews its staffing situation, Dale’s assignments will be temporarily distributed among other union staff members with further announcements to follow.

If you would like to wish Dale well on his retirement, send him an email at Dale@gsu.ca.